Monday, November 14, 2005

Principles of Psak Among Tanaim — Eruvin 47a

Principles of Psak Among Tanaim — Eruvin 47a

תלמוד בבלי מסכת עירובין דף מז/א

רבי יהודה ורבי שמעון הלכה כרבי יהודה

Halachos Gedolos (Behag) §53 lists the following rules of Psak Halacha:

1. If in one mishnah there is a difference of opinion, but another mishnah follows only one of the opinions without attribution ("stam"), the halacha follows the stam mishnah.

2. In a dispute between any individual Tanna and R' Yose the law is in accordance with R' Yose.

3. This is only the case in a "one on one" disagreement. However, in a disputed between the Chachamim and R' Yose, the law is in accordance with the Chachamim.

4. In a dispute between R' Meir and R' Shimon the law is in accordance with R' Shimon.

5. In a dispute between R' Yehuda and R' Shimon the law is in accordance with R' Yehuda.

6. In a dispute between R' Yehuda and R' Meir the law is in accordance with R' Yehuda.

7. In a dispute between R' Yehuda and R' Eliezer ben Yaakov the law is in accordance with R' Eliezer ben Yaakov..

8. In a dispute between any individual Tanna and Rebbe (R' Yehuda Ha'Nasi), the law is in accordance with Rebbe.

9. However, although in a dispute between Rebbe and R' Yishmael ben R' Yose the law is in accordance with Rebbe, this is only the case if R' Yishmael ben R' Yose was taking his own position. If, however, he is quoting his father R' Yose, the law is in accordance with R' Yose.

10. Anywhere R' Shimon ben Elazar is cited without a fellow Tanna disagreeing, the law is in accordance with R' Shimon ben Elazar.

11. In a dispute between any individual Tanna and Rabban Shimon ben Gamliel, the law is in accordance with Rabban Shimon ben Gamliel..

12. This is even the case if the other Tanna in the dispute is R' Yose.

13. In fact, with the exception of three cases (the cases of the Guarantor, of Sidon, and of the Final Proof), the law is in accordance with Rabban Shimon ben Gamliel.

14. Anywhere the following terminology is used, the case is one of Halacha l'Moshe Me'Sinai — viz., be'emes — in truth; bameh devarim amurim — in what [context] was this stated; ve'eimasai b'zman — when, at the time.

15. In a dispute between R' Eliezer and R' Yehoshua the law is in accordance with R' Yehoshia.

16. In a dispute between R' Yehoshua and Rabban Gamliel the law is in accordance with Rabban Gamliel.

17. In a dispute between R' Akiva and R' Tarfon the law is in accordance with R' Akiva.

18. In a dispute between R' Akiva and R' Yochanan ben Nuri the law is in accordance with R' Akiva.

19. With the exception of some cases that are listed in Meseches Eduyos, in a dispute between Beis Shammai and Beis Hillel the law is in accordance with Beis Hillel.

5 comments:

  1. I think the coding may be off on this post. I get a lot of code that looks like:

    !--[if !supportLists]--15. !--[endif]--

    If you get a chance, please try to fix it.

    Mordechai in Milwaukee, WI

    ReplyDelete
  2. BTW - did you get my e-mail about R' Huna and R' Chisda? I sent it from my work e-mail at the motorcycle company.

    ReplyDelete
  3. To me the post looks OK.

    The RH/RC thing:


    תלמוד בבלי מסכת בבא מציעא דף לג/א
    קבעי מיניה רב חסדא מרב הונא תלמיד וצריך לו רבו מאי אמר ליה חסדא חסדא לא צריכנא לך את צריכת לי עד ארבעין שנין איקפדי אהדדי ולא עיילי לגבי הדדי יתיב רב חסדא ארבעין תעניתא משום דחלש דעתיה דרב הונא יתיב רב הונא ארבעין תעניתא משום דחשדיה לרב

    ReplyDelete
  4. I can second the first poster, there is a problem with the coding.

    ReplyDelete
  5. I tried fixing it, let me know if it worked.

    ReplyDelete